A HIGH Court judge has refused an application from Conwy County Borough Council for a teenage girl being treated at an adolescent unit to be detained for up to six months.

Mr Justice Michael Keehan made this ruling after an issue arose as to whether the council or Betsi Cadwaladr University Health Board is responsible for the treatment of the girl, who had exhibited “increasingly challenging and extreme behaviour”.

The council had argued that, under the terms of the 1983 Mental Health Act, it was the health board’s responsibility to provide care and treatment for the girl, but the health board’s position was that it is not for the court to ascertain whether she is “detainable”.

READ MORE:

North Wales holiday park company wins gold prizes at UK awards

Colwyn Bay care home improves greatly a year after scathing report

In June, the court heard, the girl was detained under Section 2 of the 1983 Act, which allows a person to be admitted to hospital for up to 28 days for the purpose of assessment.

But when no bed on a psychiatric intensive care unit was available for her, she was then moved to the a general adolescent unit in North Wales.

A day later, the council applied for an interim care order (a temporary court order that places a child in the care of its local authority while care proceedings are ongoing).

This was followed several weeks later by an application from the council to authorise the deprivation of the girl’s liberty.

In the last six months, the girl has been assessed by consultant psychiatrists regarding whether she meets the criteria to be detained in hospital under Section 3 of the 1983 Act (up to six months’ detention).

All of these consultant psychiatrists concluded this would not be in her interests.

But the court gave the council permission in August to instruct another independent consultant psychiatrist, Dr Vaidya, to assess the girl and compile a report on her behalf – his report subsequently concluded that she did meet the criteria for a Section 3 detention.

The girl’s behaviour, meanwhile, was said to have improved since being prescribed anti-psychotic and anti-obsessional drugs.

Handing down his judgement yesterday (November 19), Mr Justice Keehan said that the court has no jurisdiction to rule on whether the girl should be made subject to a Section 3 detention.

He added: “The behaviours exhibited by the girl were extremely challenging, and they placed herself and others at a real risk of very serious harm.

“She will require a safe, secure and supportive placement outside of a secure hospital. She will need to remain compliant, for the foreseeable, with taking her prescribed medication.

“The health board have agreed to provide outreach and community-based psychiatric services and support to her. The local authority is seeking to identify a suitable, secure residential placement for her.

“It is clear that she will require a very good deal of support and therapy to enable her to return safely to live in the community and to lead a happy and stable life.

“By reason of the above, the court will continue to authorise her deprivation of liberty at the North Wales Adolescent Service, pursuant to its inherent jurisdiction.

“Such an order is both necessary and proportionate, having regard to the aim that is sought to be achieved, namely to prevent her, in the interim, causing harm to herself or others, pending her imminent discharge into a community placement.”